Dr. Pelletier

The appellant appealed a Licence Appeal Tribunal (LAT) decision denying his application for a catastrophic impairment designation and attendant care benefits following a motor vehicle accident.

The Divisional Court found that the LAT adjudicator's reasons were inadequate, conclusory, and failed to account for extensive expert medical evidence regarding the appellant's traumatic brain injury.

The court held that the adjudicator made factual findings without evidentiary support, particularly regarding the appellant's volunteer activities.

The appeal was granted, the LAT decision was quashed, and the matter was remitted for a fresh hearing before a different adjudicator.

The appellant appealed a conviction for sexual assault, arguing that the trial judge failed to adequately address conflicting expert evidence on the effects of crack cocaine and the complainant's capacity to consent.

The Court of Appeal held that the trial judge was alive to the dispute between the experts and that it was open to him to accept the complainant's evidence and reject the appellant's account.

The court further held that, even if the treatment of the expert evidence was inadequate, the conviction remained supported by the accepted evidence that the complainant was unable to move, speak, or think clearly and did not consent.

The conviction appeal was dismissed, and the sentence appeal was dismissed as abandoned.